Ashok Kumar Nirala @ Ashok Kumar Akela v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59844 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -MASAUDHI District- PATNA ====================================================== Ashok Kumar Nirala @ Ashok Kumar Akela, S/o Late Suresh Prasad, resident of village-Bibipur, P.S. Masaurhi, Disrict-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 304(B) of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is Bhainsur of the deceased. He is separate in mess and property from husband of the deceased.
Patna High Court Cr.Misc. No.59844 of 2018 (2) dt.26-09-2018 He has got no concern with the alleged occurrence. On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar, learned Judicial Magistrate-Ist Class, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 156 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T